Section 450 Penalty Imposed for Business Beyond Object Clause Under Sections 4 and 13: ROC Ahmedabad
The Registrar of Companies, Ahmedabad issued an adjudication order under Section 454 of the Companies Act, 2013 for violation of Section 450 arising from non-compliance with Section 4(1)(c) read with Section 13 of the Companies Act, 2013. The company and its officers voluntarily filed a joint application stating that, during a due diligence exercise by the holding company’s advisors, it was identified that the company had been carrying on the business of manufacturing, assembling, procuring, trading, leasing, importing, exporting and related activities concerning containers from 19.08.2022, which was outside the stated object clause of its Memorandum of Association. The order records that the Certificate of Registration of the Special Resolution confirming alteration of the object clause was issued on 02.09.2025, and the default was reckoned from 19.08.2022 to 01.09.2025. After an opportunity of being heard, the company’s representative admitted the default. The Adjudicating Officer imposed a penalty of ₹2,00,000 on the company and ₹50,000 each on four officers in default. The noticees were directed to rectify the default and pay the penalty within 90 days, with a right to appeal before the Regional Director, Ahmedabad.
GOVERNMENT OF INDIA
MINISTRY OF CORPORATE AFFAIRS
ROC Ahmedabad
Registrar Of Companies, ROC Bhavan, Opp Rupal Park Society, Behind Ankur Bus Stop, Naranpura, Ahmedabad, Gujarat,
India, 380013
Phone: 079-27438531
E-mail: roc.ahmedabad@mca.gov.in
Order ID: PO/ADJ/06-2026/AD/02440 Dated: 25/06/2026
ORDER FOR ADJUDICATION OF PENALTY UNDER SECTION 454 OF THE COMPANIES ACT, 2013 (‘THE ACT’) FOR VIOLATION OF SECTION 450 OF THE COMPANIES ACT, 2013.
A. Appointment of Adjudicating Officer:
Ministry of Corporate Affairs vide its Gazette notification number S.O. 831(E) dated 24/03/2015 appointed undersigned as Adjudicating Officer in exercise of the powers conferred by section 454 of the Companies Act, 2013 [herein after known as Act] read with Companies (Adjudication of Penalties) Rules, 2014 for adjudging penalties under the provisions of this Act.
B. Company details:
In the matter relating to AAWADKRUPA PLASTOMECH PRIVATE LIMITED [herein after known as Company] bearing CIN U25129GJ2005PTC046264, is a company registered with this office under the Provisions of the Companies Act, 2013/1956 having its registered office situated at PLOT NO 131/A, NAVAGAM BHAVNAGAR-RAJKOT HIGHWAY NA BHAVNAGAR BHAVNAGAR GUJARAT INDIA 364060
Individual details:
In the matter relating to VALLABHBHAI MEGHJIBHAI VIRADIYA ——
In the matter relating to HASMUKHBHAI MEGHJIBHAI VIRADIYA ——
In the matter relating to SARITABEN VIRADIYA ——-
In the matter relating to TIRTHRAJ HASMUKHBHAI VIRADIYA——
C. Provisions of the Act:
If a company or any officer of a company or any other person contravenes any of the provisions of this Act or the rules made thereunder, or any condition, limitation or restriction subject to which any approval, sanction, consent, confirmation, recognition, direction or exemption in relation to any matter has been accorded, given or granted, and for which no penalty or punishment is provided elsewhere in this Act, the company and every officer of the company who is in default or such other person shall be 1[liable to a penalty of ten thousand rupees, and in case of continuing contravention, with a further penalty of one thousand rupees for each day after the first during which the contravention continues, subject to a maximum of two lakh rupees in case of a company and fifty thousand rupees in case of an officer who is in default or any other person]
D. Facts about the case:
1. Default committed by the officers in default/noticee – The company and 4 other Applicants namely MR. TIRTHRAJ HASMUKHBHAI VIRADIYA, HASMUKHBHAI MEGHJIBHAI VIRADIYA, VALLABHBHAI MEGHJIBHAI VIRADIYA, SARITABEN VIRADIYA and TIRTHRAJ HASMUKHBHAI VIRADIYA have been filed joint voluntary application in GNL -1 vide SRN AB6760430 dated 12.09.2025 to adjudicate the offence committed under Section 4(1)(c) read with Section 13 of the Companies Act, 2013. It is submitted by the Applicants in the present application that “pursuant to the Due Diligence exercise undertaken by the advisors of their Holding Company i.e. APPL Containers Limited, it has come to the attention of the company that it has violated the provisions of Section 4 and Section 13 of the Companies Act, 2013. The company has been doing the business of manufacturing, assembling, procuring, trading, leasing, importing, exporting or otherwise dealing in all kinds of shipping, porta and pre-fabricated containers, spare parts, raw material including any kind of specialized containers, tanks, structures and to carry out repairs, maintenance assembly or storage of the same and all activities relating to all types of containers since financial year 2021-22 from August 19, 2022 which was outside the stated object clause of the MOA?.
Section 13(9) of the Companies Act, 2013 inter alia provides that the Registrar shall register any alteration of the memorandum with respect to the objects of the company and certify the registration within a period of thirty days from the date of filing of the special resolution in accordance with clause (a) of sub-section (6) of this section. Further, Section 13(10) of the Companies Act, 2013 inter alia provides No alteration made under this section shall have any effect until it has been registered in accordance with the provisions of this section. The certificate of Certificate of Registration of the Special Resolution Confirming Alteration of Object Clause was issued on 02.09.2025. Thus the default reckoned during the period from 19.08.2022 to 01.09.2025.
2. Opportunity of being heard provided to company in terms of Section 454(4) of the Companies Act, 2013 on 24.06.2026
E. Order:
1. The representative of the company/ Officers has admitted the default of Section 4(1)(c) read with Section 13 of the Companies Act, 2013. Accordingly penalty imposed on company/ officers as below
2. The details of penalty imposed on the company, officers in default and others are shown in the table below:
| (A) | Name of person on whom penalty imposed (B) | Rectification of Default required
(C) |
Penalty Amount
(D) |
Additional Penalty (E) (*Per day of continuing default i.e. date of rectification of default less order issue date) | Maximum limit for Penalty (F) |
| 1 | AAWADKRUPA PLASTOMECH PRIVATE LIMITED having CIN as U25129GJ2005P TC046264 | 200000 | 0 | 200000 | |
| 2 | VALLABHBHAI MEGHJIBHAI VIRADIYA having DIN as 00317652 | 50000 | 0 | 50000 | |
| 3 | HASMUKHBHAI MEGHJIBHAI VIRADIYA having DIN as 01226285 | 50000 | 0 | 50000 | |
| 4 | SARITABEN VIRADIYA having DIN as 02583951 | 50000 | 0 | 50000 | |
| 5 | TIRTHRAJ HASMUKHBHAI VIRADIYA having DIN as 10274614 | 50000 | 0 | 50000 |
3. The notified officers in default/noticee shall rectify the default mentioned above and pay the penalty, so applicable within 90 days of receipt of the order.
4. The notified officers in default/noticee shall pay the penalty amount via ‘e-Adjudication’ facility which can be accessed through the respective login IDs on the website of Ministry of Corporate Affairs and upload the copy of paid challan / SRN of e-filing (if applicable) on the ‘e-Adjudication’ portal itself. It is also directed that the penalty so imposed upon the officers in default shall be paid from their personal sources/income.
5. Appeal against this order may be filed in writing with the Regional Director, RD Ahmedabad within a period of sixty days from the date of receipt of this order, in Form ADJ setting for the grounds of appeal and shall be accompanied by a certified copy of this order [Section 454 (5) & 454 (6) of the Act, read with Companies (Adjudication of Penalties) Rules, 2014].
6. For penal consequences of non-payment of penalty within the prescribed time limit, please refer Section 454(8) of the Companies Act, 2013.
Keerthi Narayana,
Registrar of Companies
ROC Ahmedabad
